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(영문) 광주지방법원 목포지원 2018.11.16 2018가합10536
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 2015, the Plaintiff, the Defendants, and G entered into a partnership agreement with the head of Sinpo-si H I Hospital located in Sinpo-si, and the head of Sinpo-Gun J Hospital located in Y, and jointly operated each of the above hospitals.

B. On January 31, 2017, the Plaintiff, Defendants G, L, and M (hereinafter “Plaintiffs, etc.”) entered into a partnership agreement with L, M as a new partner and jointly operated each of the above hospitals, and jointly operated each of the above hospitals.

C. On April 2, 2017, the Plaintiff et al. concluded an agreement with the Plaintiff and G on the termination of all of the partnership agreements with the International Hospital and K Hospital (hereinafter “instant termination agreement”). The key contents are as follows.

On the other hand, the plaintiff and G have operated K Hospital, the defendants, L, and M respectively.

1. As of April 1, 2017, the Plaintiff and G terminate any of their operating agreements with (N), I hospital, K Hospital.

2. All medical devices and assets and liabilities, including a vial, ample and hospital lease agreement, belonging to the K Hospital at the time of termination of the contract shall be transferred comprehensively to the plaintiff and G.

9. All civil and criminal responsibilities arising during the period of the operation as a joint liability even after the termination of the contract;

10. The expenses for tax investigation and the taking-off, etc. after the termination of the relevant business contract shall be borne by each hospital;

12. Loans to K Hospital, KRW 300,000,000 and KRW 300,000,000 shall be reverted to I Hospital.

From June 30, 2017 to October 31, 2017, the Plaintiff paid KRW 265,182,410, total global income tax for the year 2016, which occurred from the operation of the K Hospital, and paid KRW 11,276,50,00 as the fee for the accounting office for the purpose of reporting and paying the said income.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, 5, and 6, and the purport of the whole pleading

2. The plaintiff's assertion

A. The Defendants are global income tax in 2016 at the time of the instant termination agreement.

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